Landgerichtsdirektor Oswald Rothaug commanded: “Defendant, get up!” Lehmann Israel Katzenberger, small and gray-haired, obeyed. “No time”, snapped Rothaug. The judge then instructed the brown prominence who expectantly in the hall
* 1947 as a defendant in the Nuremberg war crimes trial of Nazi lawyers. the Nuremberg Palace of Justice was sitting: “You see, so looks a Jew 1942.”
“Racial disgrace”, so zealous of the Court Lord, “is worse than murder. Because by being poisoned for centuries German blood.” The assessors who Landgericht councils Karl Josef Ferber and Heinz Hugo Hoffmann, had no objections.
At the end of this process, had been distributed to the uniformed audience for the place cards, the three Rechtswahrerbund deliberated for 20 minutes. Then they sentenced the accused unanimously to death. It was the first and only death sentence, which was like the Third Reich because of “racial disgrace”. On June 3, 1942, Katzenberger was executed in Munich.
25 years after that to the Ex-Landrichter Ferber, 66, and Hoffmann, 61, responsible for both partisans of the vintage 37, for their cruel spell. Chairman Rothaug was sentenced in 1947 by the Americans, among other things because of the Katzenberger judgment, to life imprisonment; He was pardoned in 1956.
Now the Nuremberg prosecutor accused Rothaugs assessors perversion of justice and manslaughter. The special judge, it is said in the 200-page indictment, had “every reasonable measure exceeding hardness” proved in the case Katzenberger one that was “not justified by legal considerations”. The Commission acknowledges that “Also the judge how each person once mistaken the Nuremberg misjudgment but is” no longer be explained by mistake and error “.
The Merchant Katzenberger, which the Nazis had ruined on Kristallnacht, had been indicted under the 1935 adopted racial laws “for the protection of German blood”. Guilt accusation: Katzenberger, then 68, had with the German photographer Irene Seiler, then 31, runs.
Irene Seiler was a long time tenant in a Katzenberger house. Over the years, a friendly Duz ratio had developed between the two: Occasionally patted the old man, the young woman, he stundete her once the rent, gave her cigarettes or sweets, conceding now and then a kiss. Husband Hans Seiler had at such caresses and grants nothing to complain about. But neighbors did not like that the Jew visited the Aryan.
Under interrogation Katzenberger denied any sexual intercourse with Irene Seiler. And the young tenant denied – under oath – before the investigating judge. Attorney Herrmann Markl accused anyway: While the cohabitation is not provable, but the exchanged caresses were founded and sexually fulfilled therefore as a “substitute acts” the offense of “racial disgrace”.
As a precaution, but replaced the Nazi Rechtswahrerbund this windy design nor by a new indictment. The relief of honor Irene Seiler was mitangeklagt perjury, portrayed intercourse as fact. And in the indictment the prosecutor acted in violation Katzenbergers against 1939 adopted nation pest regulation ** a.
Thus could be made against Katzenberger a death sentence, because the Rassenschande not alone could be imposed. Moreover, was the public enemy no longer the normal criminal court in charge, but a special court.
One and a half days Rothaug harassed and his Landgericht councils the accused. While the assessor Hoffmann came in chambers concerns: He did not think so right to the sexual intercourse. But Mr Ferber encouraged him: “sexual intercourse, you can accept without sorrow, but that is a matter of life experience.”
And Chairman Rothaug caused a dramatic clean flow of the process review. As it after
* 1942 in Nuremberg “racial disgrace” process. Figure from the “Forward”.
** “Who intentionally taking advantage caused by the state of war exceptional circumstances commits any other offense … is under exceeding the regular penal framework with prison, fined up to 15 years with life imprisonment or the death, if due to the healthy popular sentiment of requires special reprehensible nature of the offense. ”
Evidence that had not provided any evidence, prosecutor Markl was concerned for advice, is like for now to plead well presented Rothaug clear: For the Jews get only death in question. Then he spoke to the prosecutor by igniting formulations.
Markl did his best: “The Jews are our misfortune, the Jews are to blame for the war..” Against Katzenberger came the death sentence, Irene Seiler got perjury two years’ imprisonment.
In the Urteilsbegündung the caresses progressed to “substitute acts” and the “surrogate activities”, because of “life experience” to Beiwohnungen that had taken place “under cover of blackout measures”. Consequently Katzenberger had violated the people’s pest regulation.
Even the Empire supreme blood judge, Roland Freisler, expressed concern against this death spell. But only in 1960 dealt Bavaria democratic justice with that special court judgment. Its authors have meanwhile all overcome their past.
Rothaug has settled in Cologne-Mülheim (“I am committing suicide so with all kinds of works by”), assessors Ferber’s export merchant in Nuremberg “colleague Hoffmann worked as a lawyer in Darmstadt. Attorney Hermann Markl had set 1951 as the Bavarian magistrate again and within four years been promoted to High Court Judge. With uncut pension he can now early retirement and since then has been the guardian of the Catholic childcare in Munich.
Ferber and Hoffmann, now to be negotiated against the after lengthy investigations, are in good spirits. Nazi jurist Hoffmann holds the Katzenberger judgment “in its full extent, ie in its findings of fact in the legal analysis and in sentencing for right.”
Mr Ferber is even proud: “It was an attack against the German blood, protected the wearer, the German woman that the Jew was sentenced to death, was okay..” And: “We have not made any judgment, but it was a fairly creative act, the Jews had to be quenched before the German women and in this area we have really done something..”
Ex-judge Rothaug which must not come a second time in court constitutional reasons and therefore spared from a complaint, considers the case against his former assessor for a “stupidity”. Because: “If we have next resorted to legal issues – so that comes before it every day.”
DER SPIEGEL 42/1967

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